ELLSBERG JUDGE BARS A DEFENSE; Rules Out 'Justification' on Infant to Aid Congress Two Great Evils' Information Flow
Date: 06 March 1973
By MARTIN ARNOLDSpecial to The New York Times
Fed Dist Judge W M Byrne, presiding over Pentagon papers trial, Mar 5 rules out 'justification defense' under which defendants would have argued that motivation for disclosing secret study of US involvement in Vietnam was to get information to Cong; tells defense atty C R Nesson to prepare memorandum of law on the matter indicating that he might allow defense at later time; 'justification defense' holds that any evil committed by defendants was not as great as evil that was avoided because of their acts; Nesson says that Vietnam war 'was unquestionably an evil of the greatest magnitude' and that 18 vols of Pentagon papers involved in case 'contained much information about the war of which Congress had been deprived and which Congress needed to properly perform its constitutional fuctions'; Repr P N McCloskey testifies that disclosure of volume that tells about Marine landing in Vietnam in '65 would not have been to advantage of foreign nation but would have been of advantage to US
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Ellsberg Trial: Now the Focus Is on Secrecy
Date: 05 March 1973
By MARTIN ARNOLDSpecial to The New York Times
comment on Pentagon papers trial notes that major issue involved concerns test of Govt's authority over information and public's access to it; notes that 1st Amendment implications of case had been somewhat obscured until defense testimony began on Govt's system of classifying secrets
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Time Inc. Opposes News Panel To Monitor Press Performance
Date: 06 March 1973
Time Inc editor-in-chief H Donovan announces Mar 5 that co will not support Natl News Council being set up by Twentieth Century Fund to monitor performance of natl news media and evaluate complaints about its accuracy and fairness; controversy over proposal described
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Absolute Immunity for Newsmen Urged by Three at House Hearing; Court Protection Peril to Reporting Poles Protected Delay Is Requested
Date: 06 March 1973
By E. W. ENWORTHYSpecial to The New York Times
E. ENWORTHYSpecial
Washington Post, The Washington Star-News, NY Times and Time magazine jointly ask Fed ct on Mar 5 for delay in depositions sought by Com for Re-Election of Pres; Judge Richey schedules hearing on Mar 5 in US Dist Ct on publications' motion for delay to allow them time to file motions to quash subpoenas
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